Controlling technology - genetic engineering and the law

Abstract

This thesis contains proposals for the formulation and implementation of legislative controls on the technology of genetic engineering. Part one opens with a brief discussion of the events which shaped the development of genetic science and a description of the techniques that are encompassed by the term "genetic engineering". An examination of the propriety of controlling science is followed by consideration of the question whether genetic engineering should be controlled. Part one concludes with an analysis of the methods of control that have been proposed or adopted in countries other than New Zealand. Part two is concerned with the possible role of the law in controlling genetic engineering. It highlights the inadequacies of existing common law and legislation, both as regards the prevention of genetic engineering accidents and compensation for the damage that they could cause. This section of the thesis contains detailed proposals for a new statute on the subject of genetic engineering. It is suggested that this new Act should provide for the establishment of a three-tiered committee structure. Provisions concerning licensing, inspection and special emergency procedures are envisaged as are sections dealing with civil and criminal liability. Freedom of information, confidentiality and the patentability of genetically engineered microorganisms are also discussed in addition to the necessity for the promulgation of statutory regulations under the proposed legislation. The final section of the thesis is devoted to an analysis of the possibility of controlling the technology of genetic engineering at the international level. It is apparent that the general principles of customary international law do not provide a satisfactory means of controlling genetic engineering. Similarly, existing treaties, conventions and international declarations do not contain a solution. It is suggested that the coordinated and efficient system of regulation that is required by this promising but dangerous new technology can be provided by an international convention on genetic engineering. Accordingly, the role of international organisations, the likelihood of international agreement and the possible terms of such agreement are considered in this section.